5. Accordance of a date of filing
5.6. Erroneously filed application documents or parts (Rule 56a EPC)
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
New R. 56a EPC entered into force on 1 November 2022 (OJ 2022, A3). This new rule was introduced to align the EPC with R. 20.5bis PCT. New R. 56a EPC allows for the correction of erroneously filed application documents in EPC procedures for applications filed on or after that date. If the applicant shows that the correct application documents or parts thereof are completely contained in the claimed priority application, the initial date of filing is maintained. If this is not the case, the date of filing is changed to the date of receipt of the correct application documents. For further details, see the notice from the EPO in OJ 2022, A71.